Can an agency "legally" withold holiday pay?

ames123_2

LittleVoice wrote: »

Ask them to pay you now - provided you began work after about 10 January 2010 so that you are still within your holiday year.

Thank you for your quick reply. I checked my contract and yes it is from when I first started work. Now I signed that contract on 10th January but it was actually 5th January that I started the work. So looks like I have just missed out! Although I did send them an email over a month ago asking about the holiday pay and they did not reply, so I should have asked again.

Useful info about how to take holidays with agencies, I had no idea of that at all!

liney

If I were you I'd make a call asking for my holiday pay regardless because you shouldn't miss out because they didn't reply to your email, especially as it should have been paid when you left automatically.

Are they REC members? http://www.rec.uk.com/member-directory/details-rec-members search here to check, and ask them for their membership number when you state you will be making a complaint. It my clarify their line of thought.

tonyp41

bluetownbarry wrote: »

Interesting point but I don't see it's worth persuing. I also utilise agency workers - our contract with the agency has something similar to if the worker takes leave, they will provide another person to fill their place at no cost to us - therefore the it's sort of cost nuetral if that makes sense (it's late lol!)

Hello All,

I have just found out what happens to all the "unclaimed holiday pay" from an insider that worked for an agency..

The THOUSANDS of hours go into a 'pot' and get pay in bonuses at the end of the year. So its in their interests NOT to tell the workers they have holiday to take!!!!

Think about it Where Does That Money Go...

Tony

meluvnext

I worked for an agency (not as an agency worker but actually for the agency). They werent telling there agency workers about the dont take your hols by the end of december you loose them so alot of them ended up loosing out and they werent paid for them either, they only gave the holidays to those who asked for them. In january alot of workers phoned up asking how many hols they had and they were furious the agency did not tell them about the deadline for taking hoidays!

I really wish those workers had of took them to tribunal over it!

Mudd14

I dont think they would have a claim. It is for the worker to take the holiday not the employer to enforce that they take them. If the employer on the other hand refused the statutory minimum then there would be a claim, on this instance it is the employees fault.

Just for reference i am aware of an agency that only pays out 9% holiday as not all employees take their entitlement and lose it, they charge the client 12.07% (statutory minimum) the difference in money terms is around £300,000.00